ArticleTwo Major Problems In Dealing With Fraud Cases In GermanyGermanyLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
Article066. Parent Subsidiary Directive - German Implementing Provisions Violate EU LawGermanyStrategyKPMG Germany
ArticleEU CSRD: EFRAG Publishes New Set Of Explanations Of The ESRSOn 30 May 2024, EFRAG published a Compilation of Explanations of the European Sustainability Reporting Standards (ESRS) under the Corporate Sustainability Reporting Directive...
ArticleEuropean Supply Chain Directive Adopted – Further Tightening Of Supply Chain ComplianceSince the beginning of the year, companies with more than 1,000 employees in Germany have had to contend with the (German) Supply Chain Due Diligence Act (the LkSG). European UnionCorporate/Commercial LawFlick Gocke Schaumburg
ArticleNew EU Rules For Taxonomy-Related Product DisclosuresOn 22 October 2021, the three European Supervisory Authorities delivered to the European Commission the expected Final Report with draft Regulatory Technical Standards with respect to additional pre-contractual and periodic disclosure ...European UnionFinance and BankingMayer Brown
ArticleCross-border Shareholder Loans And Insolvency: The CJEU Clarifies The Limits Of Choice-of-law DefencesThe Court of Justice of the European Union has ruled that shareholder creditors cannot use foreign choice-of-law clauses to avoid claw-back actions under insolvency proceedings. European UnionInsolvency/Bankruptcy/Re-StructuringADVANT Nctm
ArticleSanctions: BAAINBw Requires New Self-declaration On EU Sanctions RegulationThe new Sanctions Regulation (EU) 2022/576 prohibits contracting authorities from awarding contracts to companies with links to Russia. This also applies if subcontractors with a connection to ...European UnionInternational LawOppenhoff
ArticleProperty Companies Holding Real Estate Assets In Germany – State Of Play On The Input VAT Deduction RightThe court of justice of the European Union (‘CJEU') confirmed recently in the titanium case (decision c-931/19 of 3 June 2021) that the letting of immovable property abroad...European UnionTaxArendt & Medernach
ArticleGovernment Support Available To German Businesses During The COVID-19 PandemicThe German Chancellor has confirmed that the German Federal and State Governments are willing to "do everything that is necessary and that Germany needs...GermanyCoronavirus (COVID-19)Gowling WLG
ArticleIs The State Liable For Loss Of Revenue Resulting From Measures Taken Against Covid-19?The coronavirus is not only harmful to health but also to our finances, leading to considerable financial losses for many companies and employeesGermanyCoronavirus (COVID-19)HEUKING
ArticleAlixPartners Aufsichtsrats-Radar 202375% der für das Aufsichtsrats-Radar 2023 Befragten geben an, dass ESG durch die jüngsten Krisen eine höhere oder zumindest unveränderte Bedeutung einnimmt.GermanyCorporate/Commercial LawAlixPartners Asia LLC
ArticleForeign Subsidies: New Screening Procedure For M&A Transactions And Procurement ProcessesOn 30 June 2022, the Council of the European Union and the EU Parliament agreed on the draft regulation proposed by the EU Commission on distortive foreign subsidies.GermanyCorporate/Commercial LawOppenhoff
ArticleIntroduction Of The Transparency RegisterOn 26 June 2017, the new German anti money laundering act has entered into force. The act provides for the establishment of a German transparency register.GermanyCorporate/Commercial LawPOELLATH
ArticleInvestor Dialogues With Supervisory Boards (Aufsichtsrat) In GermanyIt is normal practice for international investors to hold discussions with a target company's management body. When investing elsewhere, there is often only one board, which combines the company's managementGermanyCorporate/Commercial LawSchlun & Elseven Rechtsanwalte
ArticleKept Out: Appointment of Foreign Managing Directors That Do Not Have the Ability to Enter the Country at WillAppointing a foreign national as the managing director of a German limited liability company ("GmbH") is a wellestablished practice in Germany. GermanyCorporate/Commercial LawJones Day
ArticleManagement Liability Based On Inadequate Due Diligence In Corporate AcQuisitionsIn the context of corporate acquisitions, the managing directors of the acquiring company are regularly faced with the question of the scope of the “due diligence,” the review of the target company. GermanyCorporate/Commercial LawJones Day
ArticleOperation Of Critical Infrastructures And Public Security - Federal Government Places Rosneft Deutschland Under TrusteeshipThe Federal Government, through the Federal Ministry of Economic Affairs and Climate Action (Bundesministerium für Wirtschaft und Klimaschutz, BMWK), today placed Rosneft Deutschland GmbH ("RDG")...GermanyCorporate/Commercial LawOppenhoff
ArticleShareholders Could Veto StaRUG ProceedingsAfter many had proclaimed the German StaRUG to have failed as an effective preventive restructuring regime, there appears to have been a recent increase in cases.GermanyCorporate/Commercial LawNorton Rose Fulbright
ArticleSweat Equity: Überschätzter Hype Oder Eine Echte Alternative Zu Cash Gegen Equity?In der pulsierenden Welt der Startups ist neben innovativen Ideen, strategischem Geschick und Kapital eine Währung besonders wertvoll: Sweat Equity. GermanyCorporate/Commercial LawTigges
ArticleUmRUG Update: Implementation Of The Reorganization Directive ("UmRUG")On Friday, February 10, 2023, the Federal Council (Bundesrat) approved the "Gesetz zur Umsetzung der Umwandlungsrichtlinie" (UmRUG), which had already been passed by the German Parliament (Bundestag)...GermanyCorporate/Commercial LawMcDermott Will & Emery